Making a Power of Attorney may be the right course of action if you have an
elderly relative who is finding it difficult to deal with their affairs, or
if you yourself are finding that your affairs are becoming more difficult to
manage.
A Lasting Power of Attorney (LPA) enables you to appoint someone you trus
as an 'attorney', who is able to make decision on your behalf. This can be
drawn up at any time whilst you still have capacity, but you should note
that it has no legal standing until it is registered with the Office of the
Public Guardian. Once registered, an LPA can be used at any time, whether
you have the mental ability to act for yourself or not. There are two types
of LPA:
Property and Affairs LPA: This allows you to choose someone to make
decisions about how you spend your money and the way your property and
affairs are managed.
Personal Welfare LPA: This new type of Power of Attorney allows you to
choose someone to make decisions about your healthcare and welfare. It
includes decisions to refuse or consent to treatment on your behalf and
deciding where you live. These decisions can only be taken on your behalf
after the LPA has been registered, and if you lack the capacity to make the
decisions yourself.
The Lasting Power of Attorney replaced the Enduring Power of Attorney on 1st
October 2007. However, if you had made an EPA before that date, you may
still use it and apply to have it registered. If you have been given power
under an EPA (and are therefore an 'attorney') you have a duty to apply to
register this as soon as you believe that the person to whom it relates is
becoming or has become mentally incapable of making financial decisions for
themselves.
Matters specifically concerned with personal welfare rather than property
and finances were not covered by the Enduring Power of Attorney. Therefore,
if these areas are of potential concern to you - and you have an
unregistered EPA and the capacity to make decisions for yourself - you may
wish to make a 'personal welfare' Lasting Power of Attorney to run alongside
it.
If you would like further information about how to gain Power of Attorney and the implications, complete and submit our enquiry form or call us on 020 7790 2000. |
